YOGESH KUMAR
09 April 2014 at 23:23
1. A MONEY DECREE HAS BEEN PASSED IN FAVOUR OF THE PLAINTIFF. THE DEFENDANT DOESN'T PAY ANY AMOUNT AND FILES AN APPEAL IN THE COURT OF HON'BLE ADJ. ON FIRST HEARING, HON'BLE ADJ ASKS THE APPELLANT TO DEPOSIT THE DECREE AMOUNT, I.E. PRINCIPAL + UPTODATE INTEREST IN THE TREASURY WITHIN 15 DAYS.
ON THE NEXT DATE OF HEARING, IT IS FOUND THAT THE HON'BLE ADJ IS TRANSFERRED, AND THE NEW HON'BLE ADJ TAKES OVER. THE APPELLANT DOES NOT DEPOSIT THE FULL AMOUNT AS STATED ABOVE, BUT MOVES AN APPLICATION STATING THAT HE HAD DEPOSITED ROUGHLY 50% OF THE AMOUNT ABOUT EIGHT YEARS BACK DURING THE COURSE OF LITIGATION.
MY QUERY IS AS FOLLOWS:
1. WILL THE HON'BLE ADJ DISMISS HIS APPEAL FOR NOT COMPLYING WITH ORDER 41 RULE 1(3) CPC, OR WILL HE BE ALLOWED TO PURSUE HIS APPEAL?
2. ON WHAT BASIS THE DEFENDANT CAN GET THE APPEAL DISMISSED AND GET THE DECREE EXECUTED AT THE EARLIEST?
3. EVEN AFTER STRONG OBJECTION BY THE DEFENDANT, THE NEW HON'BLE ADJ HAS NOT DISMISSED THE APPEAL, BUT SENT THE CASE TO MEDIATION CELL, BUT COULD NOT BE SETTLED THERE ALSO, AS THE APPELLANT WAS NOT READY TO PAY THE AMOUNT. INSPITE OF ALL THIS THE HON'BLE ADJ HAS ALLOWED THE APPELLANT TO FILE WRITTEN ARGUMENTS IN THE COURT.
I WOULD LIKE TO KNOW, WHETHER THE ACTION OF HON'BLE ADJ IS JUSTIFIED IN ALLOWING THE APPELLANT TO FILE WRITTEN ARGUMENTS. IN MY OPINION, THE APPEAL SHOULD HAVE BEEN DISMISSED. PLS ELABORATE THE COMPLETE PROCEDURE AND PROFORMA OF THE DOCUMENTS TO BE PREPARED FOR FILING BEFORE THE COURT TO GET THE DECREE EXECUTED, AND THE APPEAL TO BE GOT DISMISSED. THANKS IN ADVANCE.
Adv M.D.Azhar
09 April 2014 at 22:09
sir, one of the participant in the present election is a government servant in Gujarat university and being a government servant he has not observed N.O.C. from the above mentioned university or he has also not submit the said N.O.C. with the election form so my query is that weather is it mandatory? if not than his nomination paper can be rejected on this sole ground. if there is any ruling on that issue than please help me.
prasanna
09 April 2014 at 18:11
We have two flats locked for 9 years
Dont know the whereabouts of the owners
Huge outstanding is pending against their names.
All letters sent to them have come back as the flat is locked .
Please suggest !
prasanna
09 April 2014 at 15:32
we have huge outstandings in the society amounting to Rs.10 lakhs from 3 members.
This has put huge stress on the financial condition of the society and many a month we have no money to make statutory payments.
1.Can we handover the society to registrar because we cannot run due to lack of funds
2.One defaulter has more than 5 members as paying guest and shows police clearance for all the tenants. But she does not take society approval in advance.
3.the secretary of the society has been abused and even physically attacked by these defaulters.
4.Two defaulters are missing for many years and we dont know their whereabouts. Huge money is pending from them.The flats are locked.
Request your guidance for all the above queries. Situation is really bad.
Anupam Jadhav
09 April 2014 at 12:33
Hi,
After so many arguments and fights our society took a decision on 1st of Feb 2014 to bring new committee and election was schedule on 9th Feb 2014 (as per secretory we can’t have legal election due to stay order by Bombay High Court) All society members decided to use cog system to replace all committee members one by one with the new elected members.
secretory have put notice for election.
1. on 12th Feb 204 collect nomination form for candidate and submit it before 16th Feb 2014 we submitted the form.
2. In 1st week of March secretory put up list of member who have filled the form and asked if someone wants to take their name back.
3. On 23rd March he put up the final list of members for election, female caddied was elected because there was no female opponent and one member removed because corruption case pending in court against him when he was treasury of society.
4. Till date we don’t have clue when is the election
Main part
Secretory don’t stay in our society from last 5 months he don’t answer our calls or meet us. Chairman doesn't speak on this matter he won’t call for meetings. Whenever we speaks about secretory he says he will submit his resignation soon(from December he is submitting his resignation and till date we are still waiting) Society is run by 3 members (Chairman, Secretory and Treasury) they do meeting at their home or take decision on phone for any matter they don’t call Committee member or meeting to take decision. Society members are into internal fights with each other and don’t want to come together to speak against them for their personal gain and internal politics.
Few of us are in problem we have planned our vacation well in advance and due to this election process we are unable to go to our native place because we have filled nomination form. I want to know what can I do in this matter legally and can I send them(all Committee members) legal notice for delaying elections.
Prakash S. B.
09 April 2014 at 11:47
(1) Whether the Assistant Registrar, CS, H-East Ward, Mumbai 400 028, has powers to take action under Sections 78, 75(5), 79(2), 88(1) and 89A of the MCS Act, 1960?
(2)If he has no such powers, which is the appropriate authority for taking such action?
S.N.Derashri
09 April 2014 at 10:23
A pledged documents of certain property with the bank for security of loan. He sold the properties and handed over the possession to different persons through Regd. Sale Deeds. The loan remained unpaid and the bank has taken a symbolic possession of the properties under SARFECI Act. Can purchasers who are in possession of the property ask the bank to release the Title Deeds pledged,in their favour if they pay the outstanding for and on behalf of loanee. what will be the remedy If bank refuses to accept this proposal. Can this proposal be enforced through Court by filing a Suit for Mandatory Injunction?
Satya nand aggarwal
09 April 2014 at 07:01
One jagan was the owner of land after his death propert deoved upon his son joginder pal. Then by way of decree it was transfered in the name of his two sons s and k. S sold the property illegally to kimti. The sons of s can repudiate the sale deed on the ground of ancestral property. My query is 1. Wether it is the ancestral proprty quq sons of s or not 2. Wether sale deed can be declared illeagl. 3. Whether after the dectrr it looses the charcter of ancestral or not
armaan kapoor
08 April 2014 at 21:36
Dear experts,
In our bldg landlord is missing. A proposed society is collecting maintenance since 10 yrs. one old tenant transferred his permanent long lease for a huge amount and the society accordingly transferred the maintenance receipt in the new tenants name. Now the old tenant says that he can't transfer his rights and has filed a suit for eviction of the new tenant.
Pls guide under which provision can such a right be transferred.
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Pil
I am From Maharashtra and i want to file PIL in Bombay High Courts for Return land their Original owner on the basis of Due Procedure at the time of Land Acquisition. is it Possible? land acquired in 1975 for Public Purpose.